Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - s. 92 - Public charities - Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 - s. 92 - Public charities - Permission to grant leave u/s. 92 to interested persons to initiate a suit - On facts, property transferred-waqfed to respondent no. 2 by a deed - Appellant interested in achieving the purpose for which the property was transferred - Application by appellant uls. 92 to obtain permission to institute a suit, allowed - However, the High Court set aside the order - On appeal, held: Property was waqfed gifted for a lawful purpose-a 'trust' - Thus, the application filed by appellants was within the required ambit of s. 92 and the District Judge rightly permitted the appellants to institute a suit - High Court erred in setting aside the well reasoned order and in not diligently examining the facts and circumstances in the light of the registered deed - Furthermore, it was the statutory duty of the Court to examine that whether the plaint is so annexed with the application uls. 92 which is prerequisite for filing the application for leave to file a suit - High Court also erred in neglecting this fact - Allegations put forth could only be determined by way of evidence in a special suit u/s. 92 and respondent No.2 is enjoying the ownership of the immovable property while acting as a trustee - Thus, for the ends of justice, appellants granted liberty to move appropriate application. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 174 |
Petitioner | Swami Shivshankargiri Chella Swami & Anr. |
Respondent | Satya Gyan Niketan & Anr. |
SCR | [2017] 2 S.C.R. 365 |
Judgement Date | 2017-02-23 |
Case Number | 3166 |
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